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AF | BCMR | CY2004 | BC-2003-04234
Original file (BC-2003-04234.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04234
            INDEX CODE:  108.07
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His service-connected medical conditions, hearing  loss,  hypertension,  and
tinnitus,  be  assessed  as  combat  related  in  order   to   qualify   for
compensation under the Combat Related Special Compensation (CRSC) Act.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While a Prisoner-of-War (POW) he was beat across the head with the  butt  of
rifles numerous times.  He would shake with fear each time he saw  a  German
guard coming towards him afterwards.  During those beatings he was  beat  in
the ears and left  alone  to  bleed.   He  attributes  his  hypertension  as
secondary to his Post-Traumatic Stress Syndrome (PTSD).

In support of his  request  applicant  provided  a  personal  statement  and
documentation associated with his CRSC  denial.   His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Army from 11 Dec 43 through  18  Nov  45  and  again
from 12 Jan 48 through 5 Jan 52.  He was a POW in Germany during  World  War
II from 20 Dec 44 through 2 Apr 45.   He enlisted in the Regular  Air  Force
on 12 Apr 55  and  served  as  a  Supply  Technician.   On  30  Nov  75,  he
voluntarily retired for years of service.  He served  26  years,  6  months,
and 16 days on active duty

His CRSC application was approved for PTSD at 30% and  disapproved  for  his
remaining service-connected conditions.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states  medical  examinations  failed  to
show any traumatic experiences that would have  resulted  in  major  hearing
loss, tinnitus or hypertension.  His retirement examination does refer to  a
non-progressive high  frequency  hearing  loss,  but  the  report  does  not
mention any combat-related occurrence leading to this condition.   There  is
no evidence his conditions were direct result of a combat-related  incident.
 The fact that he may have served during a period of  war  of  in  a  combat
zone is not sufficient to support a combat-related determination.

The DPPD evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26  Mar
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states there is  no  evidence  in  the  record  that  his  service-connected
disabilities were incurred as a  direct  result  of  armed  conflict,  while
engaged in hazardous service, under  conditions  simulating  war,  or  as  a
result of an instrumentality of war.

The Medical Consultant Evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy  of  the  additional  Air  Force  evaluation  was  forwarded  to  the
applicant on 19 Oct 04 for review and comment within 30 days.   As  of  this
date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
evidence of record, it is our opinion  that  the  service-connected  medical
conditions the applicant believes are combat-related were  not  incurred  as
the direct result of armed conflict, while engaged in hazardous service,  in
the performance of duty under  conditions  simulating  war,  or  through  an
instrumentality of war, and  therefore,  do  not  qualify  for  compensation
under the CRSC Act.  We agree with the opinions and recommendations  of  the
Air Force offices of primary responsibility and  adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.  In the absence of evidence to the contrary, we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
04234 in Executive Session on 14 Dec 04, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Michael V. Barbino, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 17 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, BCMR Medical Consultant, dated 12 Oct 04.
    Exhibit F.  Letter, SAF/MRBC, dated 19 Oct 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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